IPA patent 7.8.6.2-time-for-issuing-a-decision — IP Australia Patent Manual of Practice and Procedure – 7.8.6.2 Time for Issuing a Decision

Related Chapters: 3.2 Customer Service Charter (Timeliness Standards) 7.8.5.5 Diligence and Efficiency Also in this Chapter: ​​​​​ 7.8.6.1 Written Decisions ​​​​​​​ 7.8.6.3 Publication of Decisions 7.8.6.4 Rectification of Errors or Omissions in Decisions 7.8.6.5 Revocation of Decisions The Customer Service Charter (Timeliness Standards) provide that decisions will be issued within 13 weeks from the date of the hearing, unless further submissions or evidence is filed. Unnecessary delay in issuing decisions is contrary to the principles of fairness and efficiency in decision making (see 7.8.5.5 Diligence and Efficiency ). Therefore, unless there are special circumstances, a decision should be ready to issue within 13 weeks from the date of the hearing. Where it appears that a decision will not issue within 13 weeks, OEP should be advised and given reasons for the actual or possible delay.​​​​​​​ Where a decision has not issued within 13 weeks, the hearing officer should arrange for a letter of apology to be issued. The letter should indicate generally the cause of delay and the likely timeframe for the decision to issue, e.g. “by the end of this month” or “within the next three weeks”. Letters of apology are not expected to be sent until 13 weeks have elapsed, unless the hearing officer has indicated (e.g. at the hearing) that the decision will issue in a shorter period.